CHAPTER 3 & 4 Flashcards
S178 INFANTICIDE (learn entirely)
Where a women causes the death of any child of hers under 10 in a manner that amounts to culpable homicide. And where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon child birth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, not murder or manslaughter. Imprisonment 3 years.
S152 Provide necessaries protect injury parent breakdown
Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
(a) To provide that child with necessaries; and
(b) To take reasonable steps to protect that child from injury.
Duty of care
S180 suicide pact (learn word for word)
- liable manslaughter, NOT murder if kills someone
- if part of pact and other kills themself, others liable as party and 5 years
- A common agreement between 2 or more persons having for its object, the death of all of them. Whether or not each has to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.
S181 concealing dead body if a child
Everyone Is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child dies before during or after birth.
Circumstances to consider s16(1)
Nature of statement
Circumstances around statement
Content statement
Veracity of person making statement
two circumstances where culpable homicide is murder
(a) If the offender means to cause the death of the person killed:
(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
